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The Privy Council held that adverse possession under the Limitation Act 1995 applies in the Port Area, and that restrictive covenants did not waive that defence.
The Privy Council held the estate’s counterclaim was time-barred, rejected reliance on deliberate concealment, and allowed Denise Barnes’ appeal on adverse possession.
The Privy Council held that time began to run when a periodic tenancy ended by notice to quit, not when rent was later received, so the possession claim was time-barred.
The Privy Council dismissed an appeal over adverse possession, holding there was no basis to disturb concurrent findings that Mr Gormandy had not proved exclusive possession of the whole property.
The Privy Council dismissed a sibling’s adverse possession claim to part of a family home in Trinidad and Tobago, upholding findings of no exclusive control for the statutory period.
The Privy Council held that neither side proved title to the Bahamian land, so no certificate of title should be granted under the Quieting Titles Act.
Manjit Singh Dhaliwal v (1) Arif Hasan (2) Sucha Singh (Adverse possession : Factual possession) [2018] UKFTT 59 (PC) (22 December 2017)
The tribunal allowed an application to register a strip of unregistered land, finding the applicant had shown factual possession and adverse possession.
(1) Imad al-Haddad (2) Chadia al-Haddad v (1) Ramesh Valji Bandheri (2) Vanita Ramesh Bandheri (Adverse possession : Land subject to private or public rights of way) [2018] UKFTT 61 (PC) (21 December 2017)
Adverse possession application over an alleyway succeeded in part. The respondents' possessory title was confirmed, but it remained subject to the applicants' right of way.
Roberts v (1) Frederick John Shore (2) Elizabeth Dilys Shore (Adverse possession : Factual possession) [2018] UKFTT 50 (PC) (20 December 2017)
The tribunal refused to rectify the register over a disputed strip of land, finding no register mistake and alternatively accepting boundary agreement or adverse possession.
Robinson (2) Simon Wilkinson (3) Peter Gregory v (1) Simon Houghton (2) Michelle Elizabeth Houghton (Adverse possession : Landlord and tenant/Licensor and licensee) [2018] UKFTT 55 (PC) (11 December 2017)
The tribunal dismissed an adverse possession claim over an allotment-adjacent plot, finding no factual possession was proved and that any possession would have benefited the landlord.
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